[G.R. NO.

162267 : July 4, 2008]

PCI LEASING AND FINANCE, INC., Petitioner, v. UCPB GENERAL INSURANCE CO., INC.,Respondent.

DECISION

AUSTRIA-MARTINEZ, J.:

NATURE:

Petition for Review on Certiorari under Rule 45 of the Rules of Court, seeking a reversal of the Decision affirming with
modification the Decision of the Regional Trial Court (RTC) of Makati City which ordered petitioner and Renato Gonzaga
(Gonzaga) to pay, jointly and severally, respondent the amount of P244,500.00 plus interest

FACTS:

A car owned by UCPB I,nsured with UCPB General Insurance Inc, then driven by Flaviano Isaac with Conrado Geronimo, the
Asst. Manager of said bank, was hit and bumped by a Truck owned by PCI Leasing & Finance, Inc. allegedly leased to and
operated by Superior Gas & Equitable Co., Inc. (SUGECO) and driven by its employee Renato Gonzaga. The driver and passenger
of the car suffered physical injuries. However, the driver Gonzaga continued on its way to its destination and did not bother to
bring his victims to the hospital.

UCPB Insurance paid the assured UCPB an amount representing the insurance coverage of the damaged car. As the truck is
registered under the name of PCI Leasing, repeated demands were made by UCPB Gen. Insurance for reimbursement. However,
no payment was made. Thus, plaintiff-appellee UCPB Insurance filed the instant case.

PCI Leasing and Finance, Inc., (petitioner) interposed the defense,that although it is the owner of the truck in question, it could
not be held liable for the collision, since the driver of the truck, Gonzaga, was not its employee, but that of SUGECO, the actual
operator of the truck, pursuant to a Contract of Lease signed by petitioner and SUGECO.

Trial court decided in favor of plaintiff UCPB General Insurance [respondent], ordering the defendants PCI Leasing and Finance,
Inc., [petitioner] and Renato Gonzaga, to pay jointly and severally the principal amount of P244,500.00 with 12% interest
attorney’s fee and cost.

Petitioner appealed to the CA which affirmed the RTC's decision, with certain modifications. Its Motion for reconsideration was
also denied. Hence, herein Petition for Review.

ISSUE:

1. Whether petitioner, as registered owner of a motor vehicle that figured in a quasi-delictmay be held liable, jointly and
severally, with the driver thereof, for the damages caused to third parties.
2. Whether petitioner, as a financing company, is absolved from liability by the enactment of Republic Act (R.A.) No. 8556,
or the Financing Company Act of 1998.

RULING:

1. YES. For damage or injuries arising out of negligence in the operation of a motor vehicle, the registered owner may be
held civilly liable with the negligent driver either 1) subsidiarily, if the aggrieved party seeks relief based on a delict or
crime under Articles 100 and 103 of the Revised Penal Code; or 2) solidarily, if the complainant seeks relief based on a
quasi-delict under Articles 2176 and 2180 of the Civil Code. It is the option of the plaintiff whether to waive completely
the filing of the civil action, or institute it with the criminal action, or file it separately or independently of a criminal
action; his only limitation is that he cannot recover damages twice for the same act or omission of the defendant.

In case a separate civil action is filed, the long-standing principle is that the registered owner of a motor vehicle is
primarily and directly responsible for the consequences of its operation, including the negligence of the driver, with
respect to the public and all third persons. In contemplation of law, the registered owner of a motor vehicle is the
employer of its driver, with the actual operator and employer, such as a lessee, being considered as merely the owner’s
agent. This being the case, even if a sale has been executed before a tortious incident, the sale, if unregistered, has no
effect as to the right of the public and third persons to recover from the registered owner. The public has the right to
conclusively presume that the registered owner is the real owner, and may sue accordingly.

2. NO.

The new law, R.A. No. 8556, notwithstanding developments in foreign jurisdictions, does not supersede or repeal the
law on compulsory motor vehicle registration. No part of the law expressly repeals Section 5(a) and (e) of R.A. No.
4136, as amended, otherwise known as the Land Transportation and Traffic Code.

1
The rule remains the same: a sale, lease, or financial lease, for that matter, that is not registered with the Land
Transportation Office, still does not bind third persons who are aggrieved in tortious incidents, for the latter need only to
rely on the public registration of a motor vehicle as conclusive evidence of ownership. A lease such as the one involved
in the instant case is an encumbrance in contemplation of law, which needs to be registered in order for it to bind third
parties. Under this policy, the evil sought to be avoided is the exacerbation of the suffering of victims of tragic vehicular
accidents in not being able to identify a guilty party. A contrary ruling will not serve the ends of justice. The failure to
register a lease, sale, transfer or encumbrance, should not benefit the parties responsible, to the prejudice of innocent
victims.